Unknown Divorce

[hammerman]

A friend of ours has received a recorded delivery letter for him that has told him his wife was divorcing him. Unfortunately, the divorce proceedings started 2 years ago and this was the first he knows about it.

It would appear that either her or her solicitor has been sending recorded mail and she's been intercepting it and signing for it. He's absolutely poleaxed!!!!

She was just going to present him with a Decree absolute and kick him out of the house....i don't know if she's done anything underhand about removing him from the mortgage either.

I would imagine that this is a case for the Police ? Fraud maybe ?

Any suggestions ?

[Sycamore3House]

They are still living in the same house & he has not noticed anything strange in her behaviour. Are they living seperate lives or as a couple. Whichever there are lots of questions that need answering. What are the grounds of the divorce?Divorce is different to financial settlement ie who gets what. If she has been signing papers for him it must be fraud!

[Cloverjo]

I'm no expert, but I would think she can't just kick him out of the house. He should sit tight, get a solicitor and sort out the divorce in the usual manner. From my recent experience of the police, I can't imagine they'd be interested in this case, although they should be.

[hammerman]

Nope, this is the first he's known about it. Ok he can be a bit of a muppet and likes to have a bit of fun at football away days but as far as he was aware, this is the first he's known.

I was under the impression that he has to respond to the divorce petition (which is for unreasonable behaviour) and if she's forging his signature on official papers, then that would have all sorts of legal ramifications

[Sycamore3House]

If you are divorcing both parties need to agree so your friend would need to respond to the petition.

[Cloverjo]

Is she signing official papers or signing for the receipt of them by the box the postman has? Reading your post originally, I thought it was the latter. He needs to get a solicitor, and not move out.

[buildersmate]

The unreasonable behaviour reason for divorce has no requirement that the parties agree. The behaviour that caused the alleged unreasonableness cannot go more than six months, I believe, before the petition has to be brought. It isn't yet clear from sketchy details edging, the timescales here, quite apart from the alleged hiding of documents seen to your friend.

[buildersmate]

Emerging, not edging

[Peter Pedant]

he needs to get his hands on the'missing' papers and see if his signature is on any of them

and proceed on that basis

[hammerman]

I'll try to find out some more today.

[themas]

He needs to go to the local County Court and find out whether a divorce petition has been submitted. If so when, & what has been one with it since? If she has signed Court papers in his name that is clearly fraud. The judge will need to know about it & she may be guilty of contempt of court.

He will almost certainly need a solicitor.

[EDDIE51]

^^ Yes he HAS to get a solicitor. The solicitor will be able to get copies of the documents and check the signature , it may need a hand writing expert to confirm the signatures are false.